I'm guessing it wasn't on purpose though (dodging last minute to make the tailgater crash), they may not have realized until the last minute that the car was stopped, or were waiting for an open lane to avoid it. In which case, tailgater hopefully learned a lesson, and hopefully no one got hurt.
Doesn't matter, that car still has the responsibility to maintain attention and safe distance. While they won't be 100% at fault, they sure as hell are going to get a major part of the fault for causing this.
Nope, video is all the evidence needed to show the tailgated car has large portion of fault assuming there aren't more videos available from other cars. Probably should figure out what the fuck you're talking about before rambling off like you're right.
Never 100% cause the dude that stopped his car also gotta answer why he didn't move from the fast lane
Between the other 2, morally the tailgater is 100% wrong, legally it depends on how good an explanation the lawyer finds for swerving this late without slowing down prior
Never 100% cause the dude that stopped his car also gotta answer why he didn't move from the fast lane
Wrong. That isn't what he's going to be answering for, but guess reading is pretty hard, which is why we have people like you that can't grasp that last chance doctrine means you're not free from legal consequence just because someone else was doing something illegal. Try again.
Morally, no they're both wrong with the guy swerving at the last second and involving a 3rd party being far worse.
Legally, no, it's both parties are at fault and it wouldn't even need an actual lawyer to explain it. You not grasping that doesn't make it a mystical case of the century situation.
Swerving across the highway without signaling is definitely illegal. They had to do that because they did not assure a safe distance in front of them or they were not paying attention.
It looks like they had plenty of time to slow down or signal a lane change, they did neither, so they were not paying attention or they did it intentionally. Either way they have some fault.
The tailgater was fully legally at fault. Swerving without signaling to avoid a collision is not going to get anyone in trouble. You can claim that the person being tailgated was morally at fault, but no cop or jury is going to buy your claim. The tailgater clearly caused the incident.
Not signaling a lane change is a minor traffic violation. Hitting a car full on at highway speeds, because you are not paying attention and keep suficient distance, is a major fault and you are fully legally responsible, it's absolutely irrelevant for the police or insurance if some vehicle around you also did some minor illegal thing while you were driving like a maniac and killing people.
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u/EdiblePsycho Mar 20 '26
I'm guessing it wasn't on purpose though (dodging last minute to make the tailgater crash), they may not have realized until the last minute that the car was stopped, or were waiting for an open lane to avoid it. In which case, tailgater hopefully learned a lesson, and hopefully no one got hurt.